Lyons v. Miller
North Dakota Supreme Court
P.PFAL from district court, Kidder county; Hon. W. H. Winchester, Judge. Action for goods sold and delivered; tried in justice court, where plaintiff recovered judgment. On appeal by defendant to district court action dismissed on ground of no jurisdiction over person of defendant.
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P.PFAL from district court, Kidder county; Hon. W. H. Winchester, Judge. Action for goods sold and delivered; tried in justice court, where plaintiff recovered judgment. On appeal by defendant to district court action dismissed on ground of no jurisdiction over person of defendant. Cochrane and Newton, for the appellants, urged that the objection to the return endorsed on the summons as being insufficient or that there was no legal service thereof, came too late and if the same was, as a matter of fact, insufficient the question had been waived and that a general appearance had been entered…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The justice of-the peace before whom this action was instituted failed in the first instance to acquire jurisdiction of the person of the defendant because the summons was not properly served. The defendant appeared specially for the purpose of objecting to the court’s jurisdiction, and moved the court to set aside the service of the process on the ground that the court had not acquired jurisdiction of his person. This motion being overruled, the defendant, after requesting and securing a change of venue, answered the complaint, and the…
2Cases cited1 opinion
- Seurer v. HorstSupreme Court of Minnesota · 1884
3Cited by11 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- City of Enderlin v. Pontiac TownshipNorth Dakota Supreme Court · 1932
- Miner v. FrancisNorth Dakota Supreme Court · 1894
- Benoit v. RevoirNorth Dakota Supreme Court · 1898
- Mann v. HvammenSouth Dakota Supreme Court · 1913
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